Failure to Appear at the Hearing

If a party fails to appear at a Conciliation Court hearing, the case could end up being stricken, dismissed, or a default judgment could be granted. For example:

IF...

Defendant DOES appear at hearing

Defendant does NOT appear at hearing

Plaintiff DOES appear at hearing

The case may settle or a trial may be held.

The Court could grant a "default" judgment against Defendant for the full amount of the claim.

Plaintiff does NOT appear at hearing

Plaintiff's case may be "dismissed on the merits" for failure to appear at hearing.

Plaintiff's case may be "stricken." To re-start the case, Plaintiff would have to re-file the claim.

How to Ask for a New Trial

When the Conciliation Court grants a "default" judgment or a judgment of "dismissal" on the merits for failure to appear at the hearing, the party who failed to appear may ask the court to grant a new trial if that party can prove that they had a justifiable reason why they missed the hearing. The reason(s) may include lack of notice, mistake, inadvertence or excusable neglect. See Rule 520 in the MN Rules of General Practice.

Within 20 Days of the Notice of Judgment

To request a new trial within 20 days since the Notice of Judgment was mailed, the party may file an "ex parte" Affidavit and Order to Vacate Judgment and Grant New Trial if the party who failed to appear gives a justifiable reason why they did not appear at the hearing. This may include lack of notice, mistake, inadvertence or excusable neglect as the cause of that party’s failure to appear.

After 20 Days of the Notice of Judgment

To request a new trial after 20 days since the Notice of Judgment was mailed, the party must file a "Special Term" Motion with the Conciliation Court. The Special Term Judge will review the Motion and decide whether to vacate the judgment and grant a new trial.

Legal Resources

Court staff are not allowed to give you legal advice or strategy and cannot assist you with your motion paperwork. If you do not understand the procedures, you could visit our main Self-Help Center. If you need help filling out the forms or need advice on your case, you could visit a legal advice clinic or find a lawyer on your own.